DDKF Newsletter
Volume 2, Issue 1, 2-17-11
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Haley N. Broom and Joe Gewin Receive A Unanimous Defense Verdict
On December 17, 2010, after five days of trial, a Federal Civil Jury exonerated Sgt. John Massengill in the January 2, 2006 shooting of Zeta McBroom. On the night of January 2, 2006, McBroom fled from Sgt. John Massengill with the Harrison County Sheriff's Department after he activated his lights and sirens in an attempt to stop her on suspicion of drunk driving. Instead of yeilding to Sgt. Massengill's lights and sirens, McBroom sped up and led Sgt. Massengill on a 10 mile chase through Harrison County, which began on County Farm Road and ultimately ended on Saucier Lane. During this high speed chase, McBroom put many innocent lives in danger by swerving into oncoming traffic, ignoring posted traffic signals and traffic signs. McBroom then came to a stop on a dead end road being Saucier Lane. It was McBroom's claim that she was attempting to back up her vehicle to further elude the officer, when the officer fired shots from his police vehicle. Of the eleven (11) rounds fired at the rear of McBroom's vehicle, one (1) of the rounds struck McBroom in her back, permanently paralyzing her from the chest down.
McBroom filed suit alleging that Sgt. Massengill used an excessive amount of force when he fired shots at her vehicle as it was moving away from him and sought $11,000,000.00 in damages. Sgt. Massengill defended the case on the grounds that he acted reasonably when McBroom accelerated backwards at a high rate of speed, which left nine (9) feet of skid marks on the road and pushed Sgt. Massengill's patrol vehicle back endangering his life as well as the life of a responding officer, Deputy Branning.
The Federal Jury found that Sgt. Massengill's shooting of McBroom was justified and was not an "excessive use of force" in violation of the United States Constitution and returned a unanimous verdict in favor of Defendant Sgt. Massengill.
W. Edward Hatten, Jr. Receives Coveted "AV" Rating
DDKF is pleased to announce that another one of its shareholders, W. Edward Hatten, Jr. has recently received an "AV" rating by Martindale-Hubbell. The AV rating is the highest rating available under the Martindale Hubbell Peer Review rating sytem. As the martindale.com website explains, "An AV® certification mark is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Ed's primary practice areas include Construction Law and Litigation, Professional Liability Defense, Trucking/Motor Vehicle Liability, Premises Liability, Products Liability and Insurance Defense Litigation.
Mississippi Association of Self Insurers (MASI) Winter Seminar
DDKF was a sponsor of the Mississippi Association of Self Insurers (MASI) Winter Seminar recently in Jackson, Mississippi. The Mississippi Association of Self-Insurers was established to represent the interests of the self-insurance industry through legislative and regulatory actions. The Association membership is composed of group self-insurer funds and individual self-insured employers. The Association is strongly supported by many professional members who serve self-insurers such as rehabilitation counselors, third party administrators, law firms, and specialists in various other services.
Phillip W. Jarrell To Attend Council on Litigation Management Annual Meeting
Phillip W. Jarrell will be attending the Council on Litigation Management annual meeting in New Orleans, Louisiana in March. The Council is a nonpartisan alliance of corporations, insurance companies, law firms and service providers committed to furthering the highest standards of litigation management. It is an inclusive and collaborative organization seeking to further the practice of Litigation Management through educational programs, fostering communication and collaboration, and providing resources to the defense industry.
Mississippi Workers' Compensation Education Conference
Phillip W. Jarrell will be attending the Mississippi Workers' Compensation Education Conference in April at the Beau Rivage in Biloxi, Mississippi. DDKF is a key sponsor of this event, which is the largest gathering of workers' compensation professionals yearly in Mississippi.
Hugh D. Keating and Je'Nell B. Blum Obtain Favorable Verdict For Employer in Discrimination Case
Hugh D. Keating and Je'Nell B. Blum were retained to defend a government subcontractor on claims of age and racial discrimination and retaliation. The government subcontractor is a minority owned business and despite terminating the plaintiff for legitimate business reasons, was forced to defend allegations of discrimination and retaliation in federal court. Following discovery, the subcontractor and the co-defendant were successful on their respective motions for summary judgment.
Haley N. Broom and Joe Gewin Prevail in Excessive Force Claim
A Federal Jury ruled in favor of Harrison County, Mississippi and two (2) former jailers, Karl Stolze and William Priest, accused of assaulting Marguerite Carrubba at the Harrison County Jail on June 17, 2006.
After running a red light on June 17, 2006, Carruba was arrested and charged with DUI. Carruba alleged that after being brought to the Harrison County Adult Detention Center, she was beaten by Officers Stolze and Priest when she slipped out of her handcuffs and pounded on the holding cell window to request a phone call. Carrubba claimed that the officers utilized excessive force when they allegedly picked her up and slammed her face first into a concrete floor. Carrubba also claimed that there was a custom and practice well known to the County of the mistreatment of inmates at the Harrison County Adult Detention Center.
Haley and Joe vigorously defended the case, arguing that the force used in response to Carrubba's disorderly conduct and failure to comply with officers' commands was not excessive, and that the officers responded quickly and effectively to ward off what the officers feared would result in a cascade effect of disruption within the jail if Carrubba was not brought to an orderly posture.
The jury deliberated approximately 45 minutes before returning a unanimous defense verdict in favor of Harrison County and Officers Stolze and Priest, concluding that the officers did not use excessive force against Carrubba.
Announcements
Congratulations to Haley N. Broom, who became a shareholder at Dukes, Dukes, Keating and Faneca, P.A. on December 15, 2010.
DDKF is pleased to announce that Joe Eades has accepted an associate position with the firm effective February 1, 2011. Joe's practice areas include substantial experience in workers' compensation and personal injury defense.
